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1. The appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
judgment of the first instance.
Reasons
1. Under Article 2-2-2 of the Rental Housing Act, Non-party C, a wooden trees, filed an application for lease with the Korea Land and Housing Corporation for the F block G apartment located in Young-gu, Suwon-gu, the public rental housing constructed and leased under the Rental Housing Act (hereinafter “instant apartment housing”), and was selected as a lessee around September 201 and was scheduled to enter into the said construction project and lease contract around November 14, 201. According to Article 2-2 of the Rental Housing Act, the term “public rental housing” means any of the following constructed rental housing, excluding housing prescribed by Presidential Decree:
Rental housing constructed with the finance of the State or a local government;
(b) Rental housing constructed with funding from the Housing and Urban Fund under the Housing and Urban Fund Act, a housing constructed on a housing site created by a public project, with approval of a project plan pursuant to Article 16 of the Housing Act), and (2) terms and conditions of a lease agreement prescribed by the said Corporation shall be KRW 89 million for a security deposit (a contract deposit of KRW 17.8 million shall be paid at the time of a contract, intermediate payment of KRW 26.7 million shall be paid at the time of payment on March 29, 2013, the remainder of KRW 46.5 million shall be paid at the time of payment on March 29, 2013, the occupancy shall be made on November 201, 203; and (3) Rental Housing Act shall be sold to a lessee after residing in ten years; however, the lessee of a rental housing shall be transferred the right of lease (including sale, donation, and all other acts subsequent to the alteration of a right, except in cases of inheritance.
A rental business operator may cancel or terminate a lease contract, or refuse to renew a lease contract (in violation of Articles 27 and 19) where a lessee living in a rental house falls under any of the matters prescribed by Presidential Decree, such as where he/she has leased a rental house by fraud or other improper means (Article 19).